George E. Pataki, Governor         Joseph H. Holland, Commissioner

                   A publication of New York State
               Division of Housing and Community Renewal
                      Office of Rent Administration

  Fact Sheet #10 - Eviction from an Apartment Based on Owner Occupancy
                              [Revised 4/96]

    An owner may refuse to renew a rent stabilized tenant's lease in NYC because
the owner wants the apartment for personal use and occupancy as a primary
residence for the owner or a member of the owner's immediate family. Under the
Rent Stabilization Law, an owner may begin an eviction proceeding when the
current lease expires, but only after the tenant is given written notice that
the lease will not be renewed. This notice must be served at least 120 and not
more than 150 days before the current lease term expires.

    According to the Rent Stabilization Law, only  one of the individual owners
of a building can take possession of one or more dwelling units for personal
or immediate family use and occupancy, even if the building has joint or
multiple ownership.

    If after an owner recovers possession of the apartment, the owner does not
use the apartment(s) as the owner's or an immediate family member's primary
residence for three years, the owner may lose the right to any rent increases
for other apartments in that building for three years.

    For rent stabilized apartments outside NYC and for rent controlled
apartments statewide, the owner must apply to DHCR for an order granting a
certificate of eviction by filing an "Owner's Application for Order Granting
Approval to Refuse Renewal of Lease and/or to Proceed for Eviction for Owner
Occupancy"  (DHCR Form RA-54). An owner must establish an immediate and
compelling need for the apartment. If DHCR grants this certificate, the owner
may then proceed in court to evict the tenant.

    Additional rules apply to senior citizens and  disabled persons concerning
evictions based on owner occupancy:

 1. An owner cannot evict a tenant from a rent stabilized apartment in NYC if
    the tenant or the spouse of the tenant is a senior citizen, 62 years or older,
    or is a disabled person unless the owner provides an equivalent or superior
    apartment at the same or lower rent in a nearby area.

2.  An owner cannot evict a tenant from a rent stabilized apartment outside of
    NYC or a rent controlled apartment statewide when a member of the household
    lawfully occupying the apartment is a senior citizen, 62 years or older; or,
    is a disabled person, or is any person who has been a tenant in the building
    for 20 years or more.

    For more information or assistance, call the DHCR Rent InfoLine (718) 739-
6400, or visit your Borough or County Rent Office.

92-31 Union Hall Street
4th Floor
Jamaica, NY 11433
(718) 739-6400

250 Schermerhorn Street
3rd Floor
Brooklyn, NY 11201

Upper Manhattan
163 W. 125th Street
5th Floor
New York, NY 10027
North side of 110th St. and above

Nassau County
50 Clinton Street
6th Floor
Hempstead, NY 11550

Westchester County
55 Church Street
White Plains, NY 10601

Lower Manhattan
156 William Street
9th Floor
New York, NY 10038
South side of 110th St. and below

1 Fordham Plaza
2nd Floor
Bronx, NY 10458

Staten Island
60 Bay Street
7th Floor
Staten Island, NY 10301

Rockland County
94-96 North Main Street
Spring Valley, NY 10977

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